SPEAKERS IN HOST COUNTRY COMMITTEE CALL FOR INVESTIGATION OF INCIDENT INVOLVING NEW YORK POLICE OFFICERS AND DIPLOMATS OF RUSSIAN FEDERATION AND BELARUS
Press Release
HQ/571
SPEAKERS IN HOST COUNTRY COMMITTEE CALL FOR INVESTIGATION OF INCIDENT INVOLVING NEW YORK POLICE OFFICERS AND DIPLOMATS OF RUSSIAN FEDERATION AND BELARUS
19970109 As the Committee on Relations with the Host Country began consideration of an incident involving two New York City police officers and two diplomats from the permanent missions of Belarus and the Russian Federation, speakers called for a thorough investigation of the matter by the host country authorities.Committee Chairman Nicos Agathocleous (Cyprus), speaking for the Committee, said that the host country had promised that the Committee would be informed of the status of its investigation of the incident.
Addressing the Committee, the representative of the Russian Federation said that First Secretary Boris V. Obnossov of his Mission had been beaten by New York police officers and that his arm had been seriously injured, his glasses broken and clothes torn. The incident had taken place despite the fact that the diplomat had produced his driver licence and diplomatic identity card. The Russian Federation expected explanations and apologies as well as compensation for the injuries the diplomat had suffered.
The representative of Belarus said that his Government had lodged a formal complaint to the host country authorities. The actions of the two police officers were a flagrant violation of diplomatic immunity and protection. Instead of an objective investigation, he said groundless charges had been made.
The representative of the United States said that a police report of the incident indicated that the police officers were citing a vehicle parked illegally when they were approached by two men yelling and cursing. The Russian Federation diplomat had walked unsteadily, slurred his speech and smelled of alcohol. He suggested a meeting between the New York Police Department and the Permanent Representatives of the two missions as soon as possible, to resolve the issue.
Statements were also made by the representatives of France, China, Cote d'Ivoire, Cyprus and Honduras. The New York City Commissioner to the United Nations and the Consular Corps and a representative of the Office of the Mayor of the City of New York also spoke.
Committee Work Programme
The Committee on Relations with the Host Country met this morning at the request of the Russian Federation to consider an incident which took place on 29 December 1996, involving New York City police officers and senior officials of its Permanent Mission and that of Belarus. The request was to be considered under the Committee's agenda item entitled "Question of privileges and immunities".
A letter dated 31 December from the Russian Federation addressed to the Chairman of the Committee transmits a note verbale dated 30 December 1996, from the Permanent Mission of the Russian Federation addressed to the Office of Foreign Missions of the United States Department of State, which the Russian Mission requested to be circulated as a document of the Committee (document A/AC.154/300). A similar letter from the Permanent Mission of Belarus has also been circulated as an official document of the Committee (document A/AC.154/301).
Giving details of the incident, the Russian Federation letter states that Boris V. Obnossov, First Secretary of the Mission, and Yuri N. Orange, First Secretary of the Mission of Belarus, were, despite producing their diplomatic identity cards, forcibly dragged out of their car by New York City police officers at the corner of 80th Street and Amsterdam Avenue at 4 p.m. on 29 December 1996. In the process, Mr. Obnossov's arm and glasses were broken and his clothes torn by one of the police officers, subsequently. The two officials were taken to the 20th Police Precinct where their diplomatic status was confirmed and the handcuffs were removed.
According to the letter, despite the diplomats' legitimate demands for explanations, Captain James A. Clark of the Precinct failed "to give any plausible version of what had happened", nor did he offer apologies for the "unacceptable brutality". At about 6 p.m., the diplomats left the Precinct for Lenox Hill Hospital where Boris Obnossov was treated for a fracture and his arm put in a plaster cast. At 1:30 a.m. on 30 December 1996, Mr. Obnossov was brought to the Russian diplomatic compound "in a serious physical and depressed moral condition".
The note verbale states that what happened was a violation of international and United States law. The Russian Federation "expects from the United States authorities a thorough investigation of the incident, official explanations and apologies, disciplinary action against the culprits, as well as compensation for damages sustained" by Mr. Obnossov, including his hospital fees, treatment expenses and disability leave costs, it adds.
In its note verbale, the Permanent Mission of Belarus also says that it "expects a thorough investigation of the incident, official explanations and apologies" as well as disciplinary action against the culprits.
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Statements
SERGEY V. LAVROV (Russian Federation) giving details of the incident said Mr. Obnossov, First Secretary of the Russian Mission, had been beaten by New York City police officers. The Russian Federation official's arm was seriously injured, his glasses broken and clothes torn. Despite a lack of resistance and production of is driver's license and diplomatic identity card, Mr. Obnossov was handcuffed, detained and taken to a police precinct where he was kept for about half an hour. He said the Ministry of Foreign Affairs of the Russian Federation had lodged a strong protest in connection with the "unlawful detention and battery" of the Russian diplomat. The Ministry was expecting from the United States authorities a thorough investigation of the incident. It also expected official explanations and apologies as well as disciplinary action against the officers concerned; compensation for damages sustained by Mr. Obnossov, including his hospital bills, treatment expenses and disability leave costs. He said that according to United States doctors' reports, Mr. Obnossov's injured arm would remain in a cast for a long time.
He said that his Mission had until now not received official explanations on the incident, nor had any apologies been offered for an inadmissible treatment of a person enjoying diplomatic immunity and protection.
However, he continued, a version offered by the police officers involved was already being actively circulated by the United States media and certain officials of the host country, according to which the police officers had managed to prevent a dangerous offence, namely, the driving of a vehicle by a Russian diplomat reportedly in a state of strong alcoholic intoxication. The question was how that had been established. What happened was that Mr. Obnossov, handcuffed and taken by force to the 20th Police Precinct was never asked to undergo a relevant medical test, nor was Mr. Orange, of the Mission of Belarus. Moreover, it was Mr. Orange who 30 minutes later was requested to sit at the wheel of the car when he and Mr. Obnossov were released from the Precinct. "In other words, if someone wanted to accept as true the version of police officers preventing the driving of a vehicle by `drunk diplomats', it would turn out that the police themselves allowed them to sit at the steering wheel just 30 minutes later", he added.
The question to be asked was what indeed motivated the police officers' aggressive action against persons with a diplomatic status, he said. The officers could not have failed to notice the diplomatic licence plates on the vehicle they were about to put a ticket on. Diplomatic identification cards were produced to the police officers upon their first request as well. He said that Mr. Obnossov's drivers licence had not been returned to him until now.
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Continuing, he said that parking a vehicle too close to a fire hydrant could hardly be viewed as sufficient grounds for the use of brutal force against any person -- even one without a diplomatic status. Otherwise, he added "a good half of New York local drivers -- United States citizens -- would wind up with broken extremities".
It was obvious that the action taken by the New York police was a most flagrant violation of international law and relevant United States legislation, he said. Article 29 of the Vienna Convention in Diplomatic Relations to which the United States was a party reads: "The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom of dignity." The action was also in violation of the 1973 United Nations Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The methods of action taken against Mr. Obnossov could even be viewed in the context of the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Russian Federation expected the host country to take appropriate steps towards prevention in the future of similar action on the part of the police and other representatives of official United States authorities in compliance with the United States' international obligations, he said. It hoped that the police of New York City, often called the "capital of the world" would understand that foreign diplomats must not be arrested and beaten with their arms injured for parking violations.
The Russian Mission, he said, highly appreciated fruitful cooperation between the New York diplomatic corps and the authorities of the host country. That cooperation had been developing thanks to thorough, sometimes difficult, years-long efforts to look for ways of building mutual understanding and confidence. The Russian Federation always tried to energetically promote New Yorkers' benevolent attitude towards the activity of the United Nations and foreign missions. The presence of the United Nations Headquarters in the city brought in billions of dollars annually. The Russian Mission had developed a good businesslike relationship with the New York Police Department; together they addressed numerous issues concerning their daily work in a constructive and timely manner. It was therefore strange that the New York Mayor's Office was not fully aware of the incident. The Russian Federation was especially concerned by attempts to use the incident to influence the attitude of the people in New York against the diplomatic corps. A series of reports on the incident in certain local media had created an impression of a wish to paint a negative image of foreign diplomats working in the United States, to accuse them of all sins and finally to complicate the conditions of stay and work of the New York diplomatic corps.
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He said the incident was "an alarming signal" that joint efforts, including those made in the framework of the Committee to ensure a normal environment of cooperation and mutual understanding should be intensified.
ALYAKSANDR SYCHOU (Belarus) said his Government attached great importance to the incident and the Minister for Foreign Affairs had lodged a formal complaint. The action of the two police officers which led to the arrest of Mr. Orange was a flagrant violation of a person enjoying diplomatic immunity and protection. The incident was proof of the contemptuous attitude of New York City authorities to the diplomatic corps, and the incident's details showed how the Police Department exceeded its authority and fabricated its own version of the incident, which was far removed from the reality of a crude and cruel action taken against the two diplomats.
First of all, Mr. Orange and Mr. Obnossov had submitted all identification requested by the police officers, he said. After they had done so, one of the police officers, Officer Gaine, swore and threw the diplomatic accreditation into the car. The officers very well knew that they were dealing with diplomats, and their subsequent violent action gave rise to surprise and indignation. Mr. Orange was dragged from the car by the other police officer, Officer Finnerty, and the latter attempted to fake resistance by Mr. Orange. Later, after putting handcuffs on Mr. Orange, Officer Finnerty tried to find witnesses to corroborate his story. Mr. Orange was taken to the 20th Precinct, put in a holding pen and subjected to a search. Mr. Orange was released without having any charges filed against him. What was the value or significance of diplomatic credentials if such an incident could take place? The use of force, the arrest of Mr. Orange, and the search by police amounted to a number of flagrant violations and an attack on a person who enjoyed diplomatic immunity.
He said he was surprised at the swiftness of New York City authorities to protect the two police officers. It was a matter of great concern that exaggerated accounts of the incident in the press could contribute to a hostile relationship between the city and the diplomatic corps. Instead of an objective investigation, groundless charges had been lodged against Mr. Orange and Mr. Obnossov. He hoped that the Committee would make a serious study of that incident and take the necessary steps to protect the legitimate rights of United Nations diplomats.
VICTOR MARRERO (United States) asked if the representative of the New York City Commission for the United Nations and Consular Corps would like to make a statement, because it would be useful for the Committee to hear the explanation of New York City authorities.
LIVIA SYLVA, Commissioner of the New York City Commission for the United Nations and Consular Corps, said she had a letter from the Mayor to Mr. Sychou, Permanent Representative of Belarus, concerning the unfortunate incident in which two diplomats "attacked two New York City police officers".
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In his letter, the Mayor states the incident set forth in Mr. Sychou's letter was disputed by the police officers and seven witnesses to the event, she said. Individuals who drive while intoxicated endanger their own lives and the lives and safety of others, therefore, the two New York City police officers deserved praise for averting a potential tragedy on city streets. Both Mr. Orange and Mr. Obnossov should have thanked the officers instead of attacking them. The Police Commissioner stated that the witnesses to the incident had made it clear that the two officers acted responsibly and appropriately.
The Mayor's letter also stated that during the first six months of 1996, automobiles belonging to the Mission of Belarus had received 828 summonses, she said. For that period alone, Belarus owed the City the basic minimum amount of $41,400, exclusive of penalties. The Mayor wrote that he fully expected that Mr. Sychou's announced concern for appropriate behaviour would lead to prompt payment of the amounts owed by Belarus to the City of New York.
DONNA LYNNE, representative of New York City Mayor's office, said that the seven independent witnesses had corroborated the accounts of the police officers. Parking near fire hydrants was a serious safety issue, and the lives of New Yorkers were at risk when people blocked access to hydrants.
She read from a letter from Deputy Mayor for Operations of the City of New York, Randy Mastro, addressed to Eric Boswell, of the United States Department of State. Mr. Mastro stated that the City was prepared to establish a protocol to remove the licence plates for diplomats who had outstanding violations in New York City. Due to the serious nature of recent offences by diplomats associated with Belarus and the Russian Federation, Mr. Mastro requested that Mr. Boswell immediately revoke the diplomatic parking privileges given to scofflaws from those countries with outstanding parking tickets. For the past six months, representatives of the Mayor's Office of Operations, the City's Department of Finance, and the New York City Commission to the United Nations and Consular Corps had met with representatives of the State Department to establish a protocol for diplomatic parking privileges. It was now time to act, and action can start with "the scofflaws from the Russian Federation and Belarus", Mr. Mastro wrote.
Mr. MARRERO (United States) said the United States Mission had obtained a copy of the police report filed at the time of incident. The Police Department reported that the two officers were citing a vehicle parked illegally when they were approached by two mean yelling and cursing an officer. Mr. Obnossov walked unsteadily, slurred his speech and smelled of alcohol. Mr. Obnossov refused to leave the car, and when the officers tried to remove him, he struck an officer in the face. Mr. Orange left the car and struck the other officer in the face. The two officers were later treated for injuries, and a number of witnesses had corroborated the officers' account of the incident. The diplomats were released when their credentials were verified.
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He suggested that representatives from the New York Police Department should meet with the permanent representatives of the two missions as soon as possible and provide the Permanent Representatives with all the relevant information, as well as the statements of the witnesses to the event. In addition, the police should interview Mr. Orange and Mr. Obnossov in front of the Permanent Representatives to bridge the gap between the accounts between the two missions and New York City officials. Only after such steps were taken would it be possible to advance a resolution on the matter. Therefore, it was inappropriate to comment further until an official report was received from City officials.
Mr. LAVROV (Russian Federation) said that from the statements of the representatives of the New York City authorities, there seemed to be a notion that the diplomats were intoxicated. However, his earlier question as to the basis for that conclusion had not been answered. He again asked why no medical tests were carried out to establish whether the diplomats were drunk. He said the references to the accumulation of parking tickets by Russian diplomats as referred to by the City representatives had nothing to do with the incident under discussion.
Mr. SYCHOU (Belarus) said he had the impression that the authorities of the City were not fully informed about the incident and that attempts were being made to introduce issues which had no bearing on the matter before the Committee. The host country authorities should fully investigate the matter. Belarus expected official explanations and apologies, he added.
HERVE LADSOUS (France) said because the facts of the incident were open to challenge an investigation was justified and should be carried out with due process of the law. The incident was part of an overall legal context concerning diplomatic privileges and immunities. All diplomats carried a card that stated that the bearer may not be arrested or detained and should be treated with due respect. The broken arm in that case was cause for serious consideration. The issue of parking fines injected into the discussion only served to complicate matters further. It did not seem right to inject general issues into the discussion of a specific incident. It would be a pity if that incident would lead to an anti-diplomat campaign, which was a recurring problem that did not serve the diplomatic corps or the City of New York.
Mr. MARRERO (United States) said, concerning issue of diplomatic parking, the United States delegation had promised that it would consult with the Committee before establishing any new regulations. It remained willing to cooperate with the City of New York in initiating and implementing a plan in that regard. Local parking and traffic laws should be obeyed by all, including diplomats.
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ZHANG KENING (China) expressed serious concern over the incident. The press, the representatives of Belarus and the Russian Federation, and the Mayor's office had all advanced conflicting versions of the same story. The incident, the investigation and eventual settlement were relevant to the issues of diplomatic immunity and the image of the diplomatic corps, as well as the image of the New York City Police Department. The Committee Chairman, together with all involved parties, should be encouraged to cooperate in the investigation of that matter, so the facts could be revealed.
Ms. LYNNE, representative of the Mayor's Office, said for the past six months the Mayor's office had been addressing issues concerning parking spaces and tickets. Representatives from the office had been meeting with the State Department since June 1996, and they would meet again on Monday, 13 January. The Mayor's office recognized the general concerns regarding parking and summonsing and would continue to work on that issue with diligence.
MOISE KOUMOUE KOFFI (Cote d'Ivoire) said he had been involved in a similar incident although, fortunately, his arm was not broken. Noting that an official investigation would be carried out by the host country on the current case, he said apologies and compensations were not enough. The Convention on Privileges and Immunities should be fully applied and the police educated about its provisions.
Ms. SYLVA, Commissioner, New York City Commission for the United Nations and Consular Corps, said the Commission was trying its very best to solve the problems of the permanent missions and the consular corps. She said she was sorry about the incident and hoped that it would be settled satisfactorily.
CONSTANTINE MOUSHOUTAS (Cyprus) expressed concern about the matter and the anti-United Nations campaign it had created in the media. He said efforts should be exerted by the local authorities to ensure that more parking spaces were provided to diplomatic missions, and that such spaces remained for their exclusive use. Referring to the incident, he said that it was shocking that the police dragged the diplomats out of their car and that one suffered a broken arm in the process. It was also shocking that the action took place despite the fact that the diplomats identified themselves. He urged immediate investigation by the host country authorities.
JORGE FLORES (Honduras) suggested that the Chairman make a statement regarding the incident to the press gathered outside the conference room.
NICOS AGATHOCLEOUS (Cyprus), Committee Chairman, said an important and thorough investigation would take place, and a report would be prepared. The host country had promised that the Committee would be informed of the status of the report. It was important that the meeting had been held and that the members of the Committee could hear the facts as seen by the involved delegations.
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